H-2A farm worker meal costs get yearly price adjustment
Published Date: 3/24/2025
Notice
Summary
Starting March 24, 2025, employers who hire H-2A and H-2B temporary foreign workers must follow updated rules on how much they can charge for meals and travel costs, including lodging. This affects agricultural employers who provide meals and cover travel expenses for their workers. The updates ensure fair costs and clear guidelines for both workers and employers.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
Travel subsistence reimbursed up to $68/day
If you are an H-2A or H-2B worker, your employer must reimburse travel-related meals and lodging up to the standard Continental United States (CONUS) per diem of $68.00 per day for 2025 when you provide receipts. For meals on less-than-full travel days, reimbursement with receipts may be limited to 75% of the maximum meal amount, or $51.00.
Employers must pay reasonable travel and return costs
If you hire H-2A or H-2B workers, you must provide, advance-pay, or reimburse reasonable and most-economical transportation and daily subsistence costs when a worker completes 50% of the contract or job order, and provide (or pay at time of departure) return transportation and subsistence when the contract ends or the worker is dismissed. These rules apply for both domestic and international travel.
Free meals required for herding/range livestock work
If H-2A workers are engaged in herding or production of livestock on the range, employers must provide meals or food to prepare meals without charge or deposit. This requirement is distinct from the daily meal charge rules that apply to other agricultural occupations.
Daily meal charge capped at $16.28
If you are an H-2A agricultural worker (not in herding or range livestock), your employer may not charge you more than $16.28 per day for three meals starting March 24, 2025. This $16.28 cap replaces the prior maximum of $15.88 per day and only changes if a DOL OFLC Certifying Officer approves a higher charge.
Higher meal charges allowed with OFLC approval
Employers may charge H-2A workers more than the $16.28 per day meal cap only if the OFLC Certifying Officer permits a higher amount and the employer justifies and documents the higher charge under 20 CFR 655.173(b).
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